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Two Key Ways to Limit Overbroad Discovery in Disability Cases
Lane Powell PC 
Aug. 24, 2018
"Does an insurer's litigation history dating back 10 years justify overbroad discovery in an ERISA case? It might... Also, in each case you should reassess whether or not to argue for the arbitrary and capricious standard. Consider the adverse effects of pushing for application of the abuse of discretion standard... versus stipulating to the de novo standard. This can help limit discovery." [Black v. Hartford Life Ins. Co., No. 17-1785 (D. Or. Aug. 14, 2018)]
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